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The Portuguese Government has launched a public consultation on the draft ministerial order ruling the procedures for the dynamic management of injection capacity on the Portuguese Public Electricity Grid (Rede Elétrica de Serviço Público or “RESP”), as provided for in Decree-Law No. 100/2026, of 22 May (“DL 100/2026”).

The draft order sets out the rules for the implementation of the grid-capacity management mechanisms enacted by DL 100/2026, establishing the procedures, the supporting documents and relevant deadlines to applications submitted by holders of grid capacity access rights (títulos de reserva de capacidade or “TRCs”).

It also introduces a measure with potential sector-wide impact: the public disclosure of available injection capacity at each interconnection point, thereby enhancing transparency regarding the capacity available for use of the RESP.

The public consultation runs until 2 July 2026 on the ConsultaLEX portal.

1. Implementing DL 100/2026

DL 100/2026 introduced flexibility into already allocated injection capacity. Before, once a TRC granted, developers had limited room to adapt projects, reorganise capacity, or release capacity they would not use. To address this, the Decree-Law introduced a set of mechanisms, including:

• Splitting or merging titles (cisão and agregação);
• Releasing or transferring capacity (renúncia, permuta and cedência); and
• Project reconfiguration (change of generation technology, hybridisation, partial capacity reduction, and change of interconnection point).

While DL 100/2026 establishes the general principles governing these mechanisms, their practical implementation depends on complementary regulation. The draft order now under public consultation gives effect to this framework, setting out the procedures, supporting documentation and deadlines applicable to the various applications provided for in DL 100/2026[1].

2. How applications are processed

The draft order establishes a set of common rules applicable to the generality of procedures. In all cases, applications must include:

• The identification of the applicant;
• Evidence of the relevant powers of representation;
• The identification of the TRCs concerned;
• The qualification of the application submitted;
• An indication of any related applications.

Grid operator opinions must now be based on express criteria, including grid security and reliability, the location of interconnection points, technical connection conditions, potential reinforcement needs, and the efficient use of capacity.

Where the grid operator concludes that network reinforcements are required or identifies additional costs to be borne by the applicant, the Directorate-General for Energy and Geology (DGEG) must notify the applicant prior to the final decision, who may withdraw the application within 10 business days.

3. Information on grid capacity

One of the most significant innovations concerns capacity disclosure. Grid operators will be required to publish, on the DGEG platform, up-to-date information on injection capacity at each interconnection point, including:

• Total capacity allocated at each point, distinguishing between already connected and not yet connected capacity; and
• Capacity available for new allocation.

In addition, a dedicated list will be published of capacity that holders have declared available for transfer (cedência), indicating the interconnection point, the MVA value, and the relevant grid operator.

The systematic publication of this information will provide developers with a clearer view of grid occupation at each interconnection point and help identify potential opportunities for the use or transfer of capacity.

4. Timelines

Most applications — splits, consolidations, swaps and amendments of technology, capacity or interconnection point — follow a common flow:

Two applications follow their own paths: the waiver (renúncia), which the DGEG decides within 30 days and without an opinion from the operators; and the capacity transfer (cedência), where, once the agreement has been approved, the holder has 30 days to accept it.

The deadlines are counted in business days.

5. Participation

The public consultation runs until 2 July 2026 on the ConsultaLEX portal.

Contributions must be submitted exclusively through the platform made available for that purpose.